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TO: Mayor Richard C. Irvin
FROM: Jill Morgan, Planner
DATE: September 5, 2019
SUBJECT:
An Ordinance Vacating a Water Easement to the City on the Property located at 808 N State Route 59 and 724 N. State Route 59, in DuPage County, Aurora Illinois 60504 (Aurora Hospitality Group - 19-0782 / NA21/2-19.139-VAC/E - JM - Ward 10)
PURPOSE:
The Petitioner, Aurora Hospitality Group, LLC, is requesting the Vacation of a water easement to the City for the property at 808 N. State Route 59 and 724 N. State Route 59 which is being requested due to the easement not being needed because of the consolidation of the two lots for the Best Western Hotel development approved by City Council last year.
BACKGROUND:
The Subject Property is located at 808 N State Route 59 and 724 N. State Route 59 and is currently utilized as a shopping center and vacant lot use with B-B(S) Business-Boulevard District with a Special Use zoning, which is part of the Meijer Subdivision Special Use Planned Development.
DISCUSSION:
Staff has reviewed the Vacation petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
IMPACT STATEMENT :
The Planning and Zoning Division anticipates that this will not have a negative impact to the surrounding area.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the An Ordinance Vacating a Water Easement to the City on the Property located at 808 N State Route 59 and 724 N. State Route 59, in DuPage County, Aurora Illinois 60504.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition with Supporting Documents
Legistar Number: 19-0782
cc:
Alderman Michael Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco, Member
Alderman Robert J. O'Connor, Member
Alderman Juany Garza, Member
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a Water Easement to the City on the Property located at 808 N State Route 59 and 724 N. State Route 59, in DuPage County, Aurora Illinois 60504
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the territory legally described in Exhibit “A”, both hereto attached and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit “A” was heretofore reserved and granted to the City of Aurora for purposes of installing utilities; and
WHEREAS, the City Council of the City of Aurora has determined that said vacation described in Exhibit “A” will have no adverse effect upon the provision for utilities for which said easement was granted; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That part of the easement heretofore reserved and granted to the City of Aurora and shown on Exhibit “A” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “A” shall be, and is, hereby vacated.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Vacation hereby designated as Exhibit “A”, to be placed on record forthwith with the applicable County Recorder of Deeds.